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2012-11-15APPROVED December 6. 2012 Regular Meeting of the Planning Commission MINUTES Thursday, November 15, 2012, 6:00 P.M. Jo Ann Shannon Commission Chair Tony Brandenburg Commission Vice -Chair Virginia Felker Commissioner Ifurt Groseclose Commissioner Glenn O'Grady Commissioner Council Chambers $05 South Vulcan Avenue Encinitas, California 92024 A copy of the Planning Commission meeting packet may be viewed by the public in the Planning & Building Department. lobby and on the city's web page at: www.cityofencinitas.org. CALL TO ORDER ROLL CALL Commissioners Present: Commissioners Absent: Staff Present: The Regular Planning Commission meeting November 15, 2012 was called to order by Chair JoAnn Shannon at 6:OOPM Chair JoAnn Shannon, Vice -Chair Tony Brandenburg and Commissioners Virginia Felker, Glenn O'Grady and Kurt Groseclose None City Planner Tom Curriden, City Attorney Representative Gregory Lusitana, Associate Planner Todd Mierau, Senior Planner Roy Sapa'u, Deputy Fire Marshal Kerri Berberet and Administrative Secretary Deana Gay PLEDGE OF ALLEGIANCE — Led by Chair JoAnn Shannon -1- ORAL COMMUNICATIONS — None CHANGES TO THE AGENDA — None CLOSING AND ADOPTION OF THE CONSENT CALENDAR CONSENT CALENDAR 1. CASE NUMBER: 11 -125 MUP /CDP FILING DATE: August 1, 2011 APPLICANT: Verizon Wireless LOCATION: 1050 Regal Road (APN 258- 241 -10). ZONING: The subject property is located at 1050 Regal Road in the Residential -11 (R -11) zone in the Community of Old Encinitas and within the ScenicNisual Corridor Overlay Zone and Coastal Zone of the City of Encinitas. DESCRIPTION: A continued public hearing from September 6,'2012 for consideration of a Major Use Permit and Coastal Development Permit to construct a new 30 -foot tall faux bell tower with stucco finish installed with 12 new panel antennas (each 4- feet -7 inches tall) in 3 sectors of 4 antennas each behind RF transparent screens inside the cupola; an approximately 448 -SF, 14 -foot tall telecomunications e4uipment building (covered with a wood trellis) with an enclosed emergency generator with a 150 gallon diesel tank; two new GPS antennas; and associated landscaping. ENVIRONMENTAL STATUS: The project has been determined to be exempt from environmental review pursuant to Section 15303(d) of the California Environmental Quality Act (CEQA) Guidelines. Section 15303(d) exempts construction of small structures including water mains, sewage, electrical, gas and other utility extensions. STAFF RECOMMENDATION: Continue off calendar. STAFF CONTACT: J. Dichoso, Associate Planner (6:02PM) On MOTION. by O'Grady, SECONDED by Groseclose, CASE #11 -125 MUP /CDP was CONTINUED OFF CALENDAR. VOTE: 5 -0 AYES: Brandenburg, Felber, Groseclose, O'Grady, Shannon NOES: None ABSENT: None s 2. CASE NUMBER: 12 -103 CDP FILING DATE: July 10, 2012 APPLICANT: Agnew LOCATION: 406 La Costa Avenue (APN: 216 - 030 -12). ZONING: The project is located in the Residential 3 (R -3) Zone, Hillside /Inland Bluff Overlay (H /IBO), Scenic /Visual Corridor Overlay (SNCO) and the Coastal Appeal .Zone of the Community of Leucadia within Encinitas. DESCRIPTION: A public hearing to consider a Coastal Development Permit to construct a two - story detached accessory building with garage within the Hillside /Inland Bluff Overlay zone and Coastal Appeal Zone. -2- ENVIRONMENTAL STATUS: The project has been determined to be exempt from environmental review pursuant tq Section 15303(e) of the California Environmental Quality Act (CEQA) Guidelines. Section 15303(e) exempts the construction of accessory structures including garages. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Case No. 12 -103 CDP based upon the findings and conditions contained in the draft resolution of approval for the project provided to the Commission. STAFF CONTACT: Todd Mierau, Associate Planner (6:02PM) On MOTION by O'Grady, SECONDED by Groseclose, CASE #12 -103 CDP was APPROVED ON CONSENT VOTE: 5 -0 AYES: Brandenburg, Felker, Groseclose, O'Grady, Shannon NOES: None -- - ABSENT: None NOTE: THE PLANNING COMMISSION MAY NOT BEGIN A NEW HEARING AFTER 10:00 PM UNLESS APPROVED BY A MAJORITY OF THE COMMISSION. CONSENT ITEMS REMOVED BY THE PUBLIC REGULAR AGENDA 3. CASE NUMBER: 09 -200 TMDB /DR/EIA FILING DATE: December 23, 2009 APPLICANT: Woodridge Farms Estates, LLC LOCATION: 1335 Desert Rose Way (APN: 264 - 010 -27) ZONING: The subject property is located in the Rural Residential 2 (RR -2) zone. DESCRIPTION: Adoption of a Resolution of Denial reflecting the Planning Commission action of November 1, 2012 relative to a Tentative Map and Design Review Permit application for the subdivision of the subject 7.87 -gross -acre propert y into 16 residential lots and 1 private street lot. The subdivision is a density bonus subdivision in accordance with Section 65915 of the California Government Code and would include one affordable dwelling unit to comply with density bonus provisions. The applicant is also proposing to pay a fee in -lieu of providing the one affordable unit required to satisfy the City's dedication requirement for affordable housing assistance. The project includes grading of the site for building pads and associated retaining walls, construction of a private street, construction of a public recreational trail along the western boundary of the project site, landscaping improvements and the construction of an 8 -foot tall freestanding wall for fuel buffer mitigation. ENVIRONMENTAL STATUS: The project has been determined to be exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15270, which exempts projects that are rejected or disapproved by the authorized agency. STAFF RECOMMENDATION: Adopt the resolution of denial as presented or as may be modified by the Planning Commission to accurately reflect their action to deny Case No. 09 -200 TMDB /DR /EIA on November 1, 2012. STAFF CONTACT: R. Sapa'u, Senior Planner (6:03PM) STAFF REPORT PRESENTED BY SENIOR PLANNER ROY SAPA'U -3- (6:003PM) DISCLOSURES (6:05PM) COMMISSIONER DISCUSSION /QUESTIONS (6:06PM) PUBLIC HEARING OPENED Speakers: Spoke: Mark Bramson Ron Katznelson Greg Gorgas Everett Delano (6:12PM) PUBLIC HEARING CLOSED (6:13PM) COMMISSIONER DISCUSSION /QUESTIONS (6:13PM) On MOTION by Groseclose, SECONDED by Brandenburg, ADOPTED THE RESOLUTION OF DENIAL AS PRESENTED TO ACCURATELY REFLECT THE ACTION TO DENY CASE NO. 09-200 TMDB /DR/EIA ON NOVEMBER 1, 2012. VOTE: 5 -0 AYES: Brandenburg, Felker, Groseclose, O'Grady, Shannon NOES: None ABSENT: None CONSENT ITEMS REMOVED BY COMMISSION MEMBERS — None PLANNING COMMISSION /DIRECTOR REPORTS — None ADJOURNMENT: Adjourn to the Regular Meeting of December 6, 2012 (6:16PM). NOTES: Final action by the Planning Commission may be appealed to the City Council accompanied by the required filing fee within fifteen .(15) calendar days (10 days for maps). The actions are not final until the end of the appeal period, or if appealed, the end of City Council review. Under California Government Code Sec. 65009, if you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Encinitas at, or prior to, the public hearing. Items 1 and 2 are located in the Coastal Zone and require the issuance of a Coastal Development Permit (CDP). The action of the Planning Commission relative to Item 1 may not be appealed to the California Coastal Commission. The action of the Planning Commission relative to Item 2 may be appealed to the California Coastal Commission. -4-